3
Please carefully read this End-User License Agreement (
A
Agreement
B
) before installing the JVC ProHD Log and Transfer Plugin
("Software") into your computer. The right to use the Software is granted by Victor Company of Japan, Limited (
A
JVC
B
) to end
user (“You”) only on the condition that You agree to the following Agreement.
If You do not agree to the terms of the Agreement, you may not install the Software. INSTALLING OR USING THE SOFTWARE
INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT. The Software also includes the
associated materials, and any modifications, upgrades and updates of the Software granted to You by JVC.
END-USER LICENSE AGREEMENT
1
Copyright; Ownership
You acknowledge that all copyrights and other intellectual property rights in the Software are owned by JVC and its licensor(s),
and remain vested in JVC and such licensor. The Software is protected under the copyright law of Japan, the United States, other
countries, and related Conventions.
2
Grant of License
A
Subject to the conditions of the Agreement, JVC grants to You a non-exclusive right to use the Software with JVC’s HD Memory Card
Camera Recorders or Memory Recorders.
B
You may install and use the Software on a HDD or other storage devices incorporated in Your computer.
C
You may make a copy of the Software for back-up and storage purposes.
3
Restriction
A
You may not modify, reverse-engineer, decompile or disassemble (except to the extent as permitted by the applicable laws) the Software
in any manner.
B
You may not copy or use Software, in whole or in part, other than as expressly specified in this Agreement.
C
You have no right to grant a license to use the Software, and may not sell, lease or rent the Software to any other person for any purpose.
4
Limited Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JVC MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SHOULD THERE BE ANY PROBLEM ARISING FROM OR CAUSED BY THE SOFTWARE, YOU SHALL BE
RESPONSIBLE FOR RESOLVING ALL SUCH PROBLEMS AT YOUR OWN COST.
5
Limitation of Liability
JVC SHALL HAVE NO LIABILITY WITH RESPECT TO THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
RELATING TO THE SOFTWARE. YOU WILL INDEMNIFY AND HOLD HARMLESS JVC FROM ANY LOSS, LIABILITY OR
COSTS ARISING OUT OF OR IN ANY WAY CONNECTED TO CLAIMS FROM ANY OTHER PERSONS RELATING TO THE
USE OF THE SOFTWARE.
6
Term
A
This Agreement will become effective on the date when You install the Software into Your computer, and continue to be in effect unless
terminated pursuant to Article 6.2.
B
Should You breach any provision of this Agreement, JVC may immediately terminate this Agreement upon notice to You. In this event, JVC
may claim against You any damages caused by Your breach. Should this Agreement be terminated, You should immediately destroy the
Software stored in Your computer (including erasing it from any memory in Your computer).
7
Export Control
You agree that You will not ship, transfer or export the Software or underlying information and technology to any territories or
parties which are restricted or prohibited by the applicable laws of Japan and other relevant countries.
8
U.S. Government User
If You are an agency of the United States of America (the
A
Government
B
), You acknowledge JVC’s representation that the
Software is a
A
Commercial Item
B
as defined in Federal Acquisition Regulation (FAR) part 2.101 (g) consisting of unpublished
A
Commercial Computer Software
B
as those items are used at FAR part 12.212 and is only licensed to You with the same use
rights JVC grants all commercial end users pursuant to the terms of this Agreement.
9
General
A
No modification, change, addition, deletion or other alteration of or to the Agreement will be valid unless reduced to writing and signed by
an authorized representative of JVC.
B
To the maximum extent permitted by the applicable law where the Software was acquired, any conditions or warranties imposed or implied
by law are hereby excluded. You may nevertheless have the benefit of certain rights or remedies pursuant to the applicable law in respect
of which liability may not be excluded. In any case, however, JVC
’
s entire liability will be limited to the replacement of the defective media
containing the Software within six (6) months after Your acquirement of the Software.
C
Even if any part of the Agreement is held invalid by or in conflict with any law having jurisdiction over this Agreement, the remaining
provisions will remain in full force and effect.
D
The Agreement shall be governed by and interpreted under the laws of Japan. The Tokyo District Court has jurisdiction over all disputes
which may arise with respect to the execution, interpretation and performance of this Agreement.
End-User License
Agreement
